SHODAN Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal was preferred on behalf of the two appellants namely Shodan and Bhagmal. Accused-appellant No. 2, Bhagmal, is reported to have died thirty years back. Appeal in respect of appellant No. 2,Bhagaml, stands abated.

(2.) Bail bonds of appellant was cancelled by this Court vide order dated 31.8.2009. Pursuant to the aforesaid order, appellant, Shodan was taken into custody and sent to jail. He moved a bail application. He was released on bail by this Court on 9.10.2009.

(3.) Appellant, Shodan, was convicted by IInd Additional Sessions Judge, Muzaffar Nagar, and sentenced to four years R.I. for an offence under Section 307, I.P.C. in Session Trial No. 31 of 1979. Seven accused, Brahma, Bhagmal, Bohram, Ikbal, Surendra, Chotu and Shodan were committed to the Court of Session by Sri D.S. Mishra, Chief Judicial Magistrate, Muzaffar Nagar. Accused Shodan was charged with the offences punishable under Sections 148 and 307 read with Section 149 of Indian Penal Code while remaining six accused were charged with the offences punishable under Sections 147 and 307 read with Section 149 of Indian Penal Code. All the accused persons have pleaded not guilty.